Arbitral seat, Enforcement, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

In 1961, three years after the adoption of the New York Convention, the European Convention on International Commercial Arbitration was adopted in Geneva (the Geneva Convention). At the time, the Geneva Convention was noteworthy as being the first international instrument to refer to “international commercial arbitration” by name. Today, however, many practitioners give little consideration…

Arbitrators

(Chadbourne & Parke LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

In keeping with the popular saying that ‘a bad settlement is better than a good lawsuit,’ it is not unusual for parties in an arbitration to suspend the proceedings and explore a settlement. Any arbitrator will understand such a move and assume that the parties know best what works for them to achieve a satisfying…

Appointment of arbitrators, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Dispute Resolution, Dispute resolution clause, English Law, ICC Arbitration, International arbitration, Ismaili community, Nationality requirement in arbitration clauses, Pro arbitration, Supreme Court

(Allen & Overy LLP)/ /Leave a comment

In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to anyone reading this blog. We will then look at the Supreme Court’s judgment ([2011] UKSC 40),…

Arbitration Institutions and Rules, ICC Arbitration

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As discussed by Paul Friedlandhere, on September 12, 2011, the International Chamber of Commerce issued its revisedRules of Arbitration. The new rules, which update the 1998 Rules and will take effect on January 1, 2012, are the result of a two-year effort by a special task force that gathered input and consolidated best practices from…

Arbitration Proceedings, Evidence, ICSID Convention, Sport arbitration, Switzerland

(Editor in Chief, ASA Bulletin; LALIVE)/ /1 Comment

In its decision 4A_162/2011 of 20 July 2011, which was published on 2 September 2011, the Swiss Federal Supreme Court elaborated on the content of – and limits to – the right of parties to call witnesses. The arbitration which gave rise to the decision was between the Jamaica Football Federation and its former coach,…

Annulment, Arbitration Institutions and Rules, Arbitrators, arbitrators’ conduct, Commercial Arbitration, Costs in arbitral proceedings, Due process, International arbitration

(White & Case LLP)/ /Leave a comment
White & Case

The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users of and commentators on international arbitration.1)See, for example, Jean-Claude Najar, ‘Inside Out: A User’s Perspective on Challenges in International Arbitration’, Arbitration International, 25 (2009) 515, 517. An informal study by the Corporate…

Anti-arbitration, Appointment of arbitrators, Arbitrators, Costs, Dispute Resolution

(MDisputes)/ /Leave a comment

This month marks two interesting developments in arb/med. First, as Kluwer wants you to know, they have added a mediation blog in addition to the arbitration blog. Well, it’s about time. Second, September heralds the much celebrated debut of the ICC’s new “Arbitration and ADR Rules”, at least for people who celebrate such things. As…

Asia-Pacific, Public Policy, Set aside an international arbitral award, Settlement

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

At the Herbert Smith Singapore Management University Asian Arbitration Lecture delivered by Michael Hwang SC on 4 August 2011, Hwang SC discussed incisively issues concerning the enforcement of arbitral awards concerning contracts allegedly tainted by corruption. Less than three weeks after that seminal lecture, the Singapore Court of Appeal in AJU v AJT [2011] SGCA…

Arbitration, Federal Arbitration Act (FAA), North America, Supreme Court, United States

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

In February 2011, the United States Supreme Court granted certiorari in Stok & Associates, P.A., v. Citibank, N.A, (No. 10-514). The question presented was whether, under the Federal Arbitration Act (“FAA”), a party should be “required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order…

BIT, International arbitration, Investment Arbitration

(J. Sagar Associates)/ /1 Comment

In the summer of 2009, an ICSID tribunal ruled that various orders of the Bangladeshi courts that cumulatively denied Saipem (an Italian company) the benefits of an ICC award made in its favour constituted an unlawful expropriation of its investment. It held that the investor was entitled to compensation based upon the value of the…

Dispute Resolution, Middle East, Saudi Arabia

(The Center for American and International Law)/ /1 Comment

Jerome Martin, Senior Associate at law firm Clyde & Co talks to Dubai Eye’s Business Breakfast radio show about Dispute Resolution in Saudi Arabia. I am posting this note and the link to listen to the podcast in full the for the benefit of our readers. “What chances you have if it all goes wrong…

Arbitral seat, Arbitration, Arbitration Awards, Arbitration clause, Crown Immunity, Dispute resolution clause, Sovereign Immunity

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

Almost every country of the world has seen an enormous increase in the involvement of the State in economic activity over the past century. This trend is particularly pronounced in those economies, China foremost among them, in which the State takes an active role in commercial life. But can State owned entities and other private…

Arbitration, International arbitration

(Norton Rose Fulbright LLP)/ /Leave a comment
YIAG

Videocon Industries Ltd. Vs. Union Of India & Anr. (on 11 May, 2011) The Supreme Court of India (the SCI) recently added to the contentious line of authority beginning with its ruling in Bhatia International v Bulk Trading SA (2002) (4) SCC 105 concerning the power of the Indian courts to intervene in arbitrations held…

ICSID Convention, Investment Arbitration, Investment protection

(Investment Arbitration Reporter)/ /Leave a comment

If you’ve been watching the headlines this month, you may have noticed that the United States of America has launched a novel arbitration against the Republic of Guatemala. The claim alleges that Guatemala is failing to enforce its own labour laws, thus falling afoul of international legal obligations written into the U.S. Free Trade Agreement…

Arbitration, International Legal Theory and Teaching, Legal Practice

(Essex Court Chambers)/ /2 Comments
Institute for Transnational Arbitration (ITA)

Empirical research shows that modern law students, at least at post-graduate level, wish to have some options to learn something about the skills of ‘lawyering’. Students often say that they want to have more than just the letters ‘LLM’ after their names. They pay substantial tuition fees to obtain these post-graduate degrees, and they wish…

Arbitration Proceedings

(von Segesser Law Offices)/ /1 Comment

The High Court of the Canton of Zurich had to examine in a recent case whether the allegedly false testimony of a witness in arbitration proceedings was punishable under the Article 307 of the Swiss Criminal Code as perjury. Up to now, it was disputed by scholars whether the requirements for witness testimony in state…

Arbitration, Arbitration Awards, Asia-Pacific, Enforcement, New York Convention, Set aside an arbitral award

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

In Galsworthy Ltd of the Republic of Liberia v Glory of Wealth Shipping Pte Ltd [2010] SGHC 304 (“Galsworthy”), the Singapore High Court held that a losing party to an arbitration seeking to challenge an arbitral award had the “alternative and not cumulative options” of applying to set aside the award, or, applying to set…

Arbitration Awards, Commercial Arbitration, Domestic Courts, Legal Practice

(von Segesser Law Offices)/ /Leave a comment

In a decision dated 14 June 2011 and published on 7 July 2011, the Swiss Federal Supreme Court dismissed an appeal to set aside an arbitral award holding that the right to the appointment of an expert by the tribunal is not violated where the respective request was not made in a timely manner and…

Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, Efficiency

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The recent global financial crisis has had a significant effect on the types of disputes submitted to arbitration in the major Asia-Pacific financial centres. Arbitration centres have responded with various measures to cater to more cost conscious clients, and to increase the efficiency of proceedings and to speed up the way proceedings are conducted. Governments…

Arbitration, Arbitration Agreements, Arbitrators, Ismaili community

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

The Supreme Court has arrived at what almost all arbitration practitioners and clients will view as the right result in the strange episode of Jivraj v Hashwani. The Supreme Court has unanimously allowed the appeal on the basis that an arbitrator is not an employee of the parties for the purposes of the Employment Equality…

Arbitration, BIT, International arbitration, Investment Arbitration

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

The scope of Most Favoured Nation (MFN) clauses in bilateral investment treaties (BITs) has been a source of rich debate for many years. In sum, the debate centres around whether MFN “treatment” includes only substantive rules for the protection of investments, or if it also extends to procedural protections such as dispute resolution. There have…

Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation

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Last week’s summer quiz on international arbitration and mediation provoked a happy flurry of answers from around the world from a broad range of practitioners. Before we get to the answers, here are some interesting observations from the empirical data that we unintentionally gathered. Conclusive Empirical Data about International Arbitration and Mediation Practitioners (“Practitioners”) As…